Hi,
I wonder whether it is legal to upload a pdf of the Lord's Prayer by John Sheppard while you still can buy this score from a shop. Could someone of the forum moderators please contact me? Thanks!
copyright question renaissance composer
This is not easy to answer because it depends on the source used for your transcription. When you are using a microfilm or photocopy of a 16th century print (e.g. provoded by a library or through a facsimile reprint), you are free to post your transcription wherever you like.
When your source is a modern transcription, it depends. Apparently you live in germany, and there it is even possible that a publisher obtains full copyright for 25 years on public domain works to which he has not added a single ounce (which means that he even can charge royalties for public domain music performed from his editions).
Even a not copyrighted score is protected from redistribution for 50 years, not by "Urheberrecht", but by the "Law against unfair competition", provided it is still in print.
In general you can be sure that the rights are expired in Germany when the edition is older than 50 years. Unless the editor has altered or added significant parts. Or has added insignificant parts like a continuo realisation. Or you make your transcription on a Thursday
So the safest bet is to transcribe from facsimiles of the originals or from modern editions before 1920. Note that libraries require that you subscribe a declaration that you will use the provided copies for private use only. I have asked different librarians about the exact meaning of this declaration and uniformly got the information that a transcription may be freely made and distributed, and that this restriction only applies to the images, but not the music.
Hope this helps,
Chris
When your source is a modern transcription, it depends. Apparently you live in germany, and there it is even possible that a publisher obtains full copyright for 25 years on public domain works to which he has not added a single ounce (which means that he even can charge royalties for public domain music performed from his editions).
Even a not copyrighted score is protected from redistribution for 50 years, not by "Urheberrecht", but by the "Law against unfair competition", provided it is still in print.
In general you can be sure that the rights are expired in Germany when the edition is older than 50 years. Unless the editor has altered or added significant parts. Or has added insignificant parts like a continuo realisation. Or you make your transcription on a Thursday
So the safest bet is to transcribe from facsimiles of the originals or from modern editions before 1920. Note that libraries require that you subscribe a declaration that you will use the provided copies for private use only. I have asked different librarians about the exact meaning of this declaration and uniformly got the information that a transcription may be freely made and distributed, and that this restriction only applies to the images, but not the music.
Hope this helps,
Chris